ORS 705.137¹
Information that is confidential or not subject to disclosure
  • public officer privilege
  • permitted uses of confidential information

(1) Except as provided in subsection (3) of this section, any document, material or other information that is in the possession or control of the Department of Consumer and Business Services for the purpose of administering ORS 646A.250 (Legislative findings) to 646A.270 (Cease and desist orders), 697.005 (Definitions for ORS 697.005 to 697.095) to 697.095 (Civil penalties), 697.602 (Definitions for ORS 697.602 to 697.842) to 697.842 (Disposition of moneys received by director), 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties), ORS chapters 59, 722, 723, 725 and 726, the Bank Act and the Insurance Code and that is described in statute as confidential or as not subject to disclosure is not subject to disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated), is not subject to subpoena and is not subject to discovery or admissible in evidence in any private civil action. The Director of the Department of Consumer and Business Services may use such confidential documents, materials or other information in administering ORS 646A.250 (Legislative findings) to 646A.270 (Cease and desist orders), 697.005 (Definitions for ORS 697.005 to 697.095) to 697.095 (Civil penalties), 697.602 (Definitions for ORS 697.602 to 697.842) to 697.842 (Disposition of moneys received by director), 717.200 (Definitions) to 717.320 (Short title), 717.900 (Civil penalties) and 717.905 (Criminal penalties), ORS chapters 59, 722, 723, 725 and 726, the Bank Act and the Insurance Code and in the furtherance of any other regulatory or legal action brought as a part of the director’s duties.

(2) Any document, material or other information to which subsection (1) of this section applies is subject to the public officer privilege described in ORS 40.270 (Rule 509. Public officer privilege).

(3) In order to assist in the performance of the director’s duties, the director:

(a) May authorize the sharing of confidential documents, materials and other information subject to subsection (1) of this section as appropriate among the administrative divisions and staff offices of the department created under ORS 705.115 (Department organization) for the purpose of administering and enforcing the statutes referred to in subsection (1) of this section, in order to enable the administrative divisions and staff offices to carry out their functions and responsibilities.

(b) May share documents, materials and other information, including the confidential documents, materials and other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS 192.501 (Public records conditionally exempt from disclosure) or 192.502 (Other public records exempt from disclosure), with other state, federal, foreign and international regulatory and law enforcement agencies and with the National Association of Insurance Commissioners and its affiliates or subsidiaries, if the recipient agrees to maintain the confidentiality of the documents, materials and other information.

(c) May receive documents, materials and other information, including otherwise confidential documents, materials and other information, from state, federal, foreign and international regulatory and law enforcement agencies and from the National Association of Insurance Commissioners and its affiliates or subsidiaries. The director shall maintain as confidential as provided in this section any such document, material or other information received upon notice or with an understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.

(4) Neither disclosure of documents, materials or other information to the director under this section nor the sharing of documents, materials or other information as authorized in subsection (3) of this section waives any applicable privilege or claim of confidentiality in the documents, materials or other information.

(5) This section does not prohibit the director from releasing final, adjudicated actions, including suspensions or revocations of certificates of authority or licenses, when the actions are otherwise open to public inspection, to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries. [2001 c.377 §2]

1 Legislative Counsel Committee, CHAPTER 705—Department of Consumer and Business Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­705.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
Currency Information